The Prizes and Betting Secretariat (SPA) of the Ministry of Treasury published the ordinance (SPA/MF No. 1,207, of July 29, 2024), defining the technical criteria of online gaming and live gaming studios to be observed by agents fixed-odd betting lottery operators.
The regulations establish that online gambling is the electronic channel that enables virtual betting in a game in which the result is determined by the outcome of a random future event, based on a random generator of numbers, symbols, figures or objects defined in the system of rules.
While the live gaming studio is described as a physical environment that uses live video streaming technology to deliver live titles to a remote gaming device integrated into the betting system that allows the bettor to participate in live games and interact with game presenters.
The ordinance, published in this Wednesday’s edition of the Union Official Gazette (31), was signed by the prizes and betting secretary, Regis Dudena.
SPA/MF ORDINANCE No. 1,207, OF JULY 29, 2024
Establishes the technical requirements of online games and live game studios to be observed by fixed-odd betting lottery operating agents, referred to in art. 29 of Law No. 13,756, of December 12, 2018, and Law No. 14,790, of December 29, 2023, and amends SPA/MF Ordinance No. 615, of April 16, 2024.
THE SECRETARY OF PRIZES AND BETS OF THE MINISTRY OF TREASURY, in the use of the powers conferred on him by art. 55, item I, item “d”, of Annex I, of Decree No. 11,907, of January 30, 2024, and in view of the provisions of art. 29, § 3, of Law No. 13,756, of December 12, 2018, and in art. 7th, § 1st, item VII, of Law No. 14,790, of December 29, 2023, resolves:
CHAPTER I
PRELIMINARY PROVISIONS
Art. 1 This Ordinance establishes the technical requirements of online games and live game studios to be observed by fixed-odd betting lottery operating agents, as referred to in art. 29 of Law No. 13,756, of December 12, 2018, and Law No. 14,790, of December 29, 2023, and amends SPA/MF Ordinance No. 615, of April 16, 2024.
Art. 2 For the purposes of this Ordinance, it is considered:
I – betting system: computerized system managed and made available by betting operating agents that enables the registration of bettors, the management of their virtual wallets and other functionalities necessary for the management, operation and marketing of fixed-odd bets;
II – online game: electronic channel that enables virtual betting in a game in which the result is determined by the outcome of a random future event, based on a random generator of numbers, symbols, figures or objects defined in the rules;
III – live gaming studio: physical environment that uses live video transmission technology to deliver live online games to a remote gaming device integrated into the betting system that allows the bettor to participate in live games and interact with the game attendants;
IV – certifying entity: legal entity with operational capacity recognized by the Prizes and Betting Secretariat of the Ministry of Treasury to test and certify equipment, programs, instruments and devices that comprise betting systems, live gaming studios and online games. line used by fixed-odd betting lottery operators, observing the technical requirements established in specific regulations;
V – critical component: any component whose failure or compromise could lead to the loss of the bettor’s rights, loss of revenue from the Union or legal recipients, impediment or difficulties in the regulator’s access to operational information, occurrence of unauthorized access to system data betting, or non-compliance with the rules that regulate the operation of fixed odds betting in the country;
VI – multi-bettor games: games in which the bettor’s actions or results obtained by him are influenced by the result or action of any other bettor;
VII – fantasy sport: electronic sport in which disputes take place in a virtual environment, based on the performance of real people, in which:
a) virtual teams are made up of at least two real people, and the performance of these teams depends eminently on knowledge, statistical analysis, strategy and skills of fantasy sport players;
b) the rules are pre-established;
c) the guaranteed value of the prize does not depend on the number of participants or the volume raised by charging registration fees; It is
d) the results do not result from the result or isolated activity of a single person in real competition;
VIII – skill games: category of game in which the result is determined mostly or mainly by the mental or motor skills of those who participate in it, such as dexterity, skill, intelligence, training and mastery of knowledge, even if there are random events that do not prevail;
IX – games between peer-to-peer bettors, P2P: games in which the betting operator is not involved in offering the game, providing the environment for use by bettors and charging a commission rate on the winning bet or bettors;
X – multiplication factor: multiplier defined in the online game payments table that shows, at the time of betting the gaming, the gain possibilities of the combinations or the result that are the object of the bet will materialize; It is
XI – pay table: certified table of the online game that translates its mathematical behavior based on manufacturer data, including the return percentage and reflecting all possible payments or prizes.
CHAPTER II
TECHNICAL REQUIREMENTS
Art. 3 In addition to observing the technical and security requirements established in Ordinance SPA/MF No. 722, of May 2, 2024, and its annexes, online games and live game studios used by operating agents to exploitation of the lottery modality of fixed-odd bets must comply with the technical requirements established in this Ordinance and its annexes.
Single paragraph. For the purposes of this Ordinance, the following do not fall under the category of virtual fixed-odd betting online gaming event:
I – skill games;
II – fantasy sports;
III – multi-player games; It is
IV – games between P2P bettors.
Art. 4 Online games to be made available to bettors must present, at the time of betting, a multiplication factor for each unit of national currency bet, which defines the amount to be received by the bettor in the event of a prize.
§1 The result of the online game must be determined by the outcome of a random future event, based on a random generator of numbers, symbols, figures or objects defined in its system of rules.
§2 The payment tables, covering all the bettor’s winning possibilities, must be made available to the bettor before placing bets on the respective online game, in the form of Annex I.
CHAPTER III
CERTIFICATION
Art. 5 The online games to be made available to bettors and the live game studios used by betting operating agents must be certified by a certifying entity whose operational capacity has been recognized by the Prizes and Bets Secretariat of the Ministry of Treasury, in terms of Ordinance MF-SPA/MF nº 300, of February 23, 2024.
§1 The certificates issued by the certifying entity must attest that online games and live game studios are in full compliance with the technical requirements defined in this Ordinance and in its Annex I.
§2º Certifying entities must also observe, for the purposes of the provisions of the caput, the technical and security requirements defined in Ordinance SPA/MF nº 722, of May 2, 2024, and its annexes.
§3 Online games and live game studios must maintain valid certificates for the entire duration of the authorization granted by the Secretariat of Prizes and Bets of the Ministry of Treasury to operate the fixed-odd lottery betting modality.
§4 Certificates issued by the certifying entity for online games must be revalidated whenever there is inclusion, change or exclusion of critical components.
§5 The certificate revalidated under the terms of § 4 must be forwarded, through the Betting Management System – SIGAP or another system that may replace it, to the Prizes and Bets Secretariat of the Ministry of Treasury within a period of up to five days useful information subsequent to its dispatch.
Art. 6 Certificates must be issued specifically for Brazil by certifying entities authorized by the Secretariat of Prizes and Bets of the Ministry of Treasury, under the terms of Ordinance MF-SPA/MF nº 300, of February 23, 2024.
Art. 7 Betting operating agents may present a valid certificate for online games issued by certifying entities authorized by the Secretariat of Prizes and Bets of the Ministry of Treasury in the name of the supplier or game developer with which they have a service provision contract, Observing the provisions of art. 6th.
Single paragraph. In cases where operating agents use a technological solution other than their betting systems to offer online games, agents must present a certificate of integration between the platforms, in accordance with Ordinance MF-SPA/MF nº 300, of 23 February 2024.
Art. 8 Betting operating agents must present, within ninety days after granting authorization to operate the fixed-odd lottery betting modality, an assessment report on the technical requirements defined in Annex II of this Ordinance, issued in relation to betting studios. live games, by a certifying entity whose operational capacity has been recognized by the Prizes and Betting Secretariat of the Ministry of Treasury.
Single paragraph. The evaluation reports referred to in the caput must be revalidated annually and sent to the Prizes and Bets Secretariat of the Ministry of Treasury within a period of up to five working days after their issuance.
CHAPTER IV
BETTING TERMINALS
Art. 9 Betting agents cannot offer bets on online games in physical establishments, through equipment or other devices, under the terms of § 2 of art. 14 of Law No. 14,790, of December 29, 2023.
CHAPTER V
FINAL DISPOSITIONS
Art. 10. Data, information and documents related to online games and live game studios must, from the date they are created, be available to the Prizes and Betting Secretariat of the Ministry of Treasury by minimum term of five years.
Art. 11. Art. 2nd of Ordinance SPA/MF nº 615, of April 16, 2024, comes into force with the following change:
“Art. 2º ……………………………………………………………………………………………………..
VI – online gaming session: period between the start of the online game that is the subject of a bet and its closure, which is characterized by the bettor leaving the online game or by his inactivity in that game for thirty minutes.
………………………………………………………………………………………………………..” (NR)
Art. 12. This Ordinance comes into force on the date of its publication.
REGIS ANDERSON DUDENA
